Nakuru court faulted for issuing controversial ‘land eviction’ order
A Nakuru businessman has moved to court challenging his eviction from a disputed land.
John Ruto has protested a move by a magistrate court ordering his eviction despite there being existing order from the High Court blocking his ejection from the property.
Ruto through his lawyer Kipkoech Ng’etich accused the court of erring in its decision to evict him through an interlocutory injunction.
Resident Magistrate Benjamin Limo on May 7 issued an interlocutory injunction allowing the eviction of Ruto from property directing the area OCS and an auctioneer to enforce the same.
This came after Stephen Kipkemoi and Marindich Kigen filed an application seeking orders to evict Ruto from the land.
While protesting the move, Ng’etich noted that the order against his client was issued without a full trial or a semblance of a hearing before the orders were issued.
According to Ng’etich, the orders by the magistrate court were too drastic for ex-parte stage, noting that it violates the constitutional rights of his client for a fair trial.
“The orders were issued yet there was no service of the application and my client was never given a chance to be heard on the matter,” said Ng’etich.
The lawyer noted that there was no reason whatsoever in law except in exceptional circumstances for the court to require an auctioneer to assist in the enforcement of a temporary injunction.
“The orders are akin to issuing final orders in the suit vide a interlocutory application ex-parte which has in turn caused excessive damage and loss of property to my client,” he added.
In enforcing the order, Ng’etich said at least ten police officers, auctioneers and goons stormed the said property and destroyed his property at the same time allowing goons to loot.
He questioned why the court had not issued a date for an inter-partes hearing before issuing the orders saying the ruling was suspicious and malicious to his client.
“The orders were obtained on falsehood by the two applicants with the sole intention of deceiving this court to evict my client,” said Ng’etich.
Ruto in a sworn affidavit to court today noted that there was an active case at the Environment and Lands Court which had issued an order that the status quo be maintained and he should not be evicted.
He now wants the court to stay further execution of its orders pending hearing and determination of their application on the matter.